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These are the user uploaded subtitles that are being translated: 1 00:00:07,474 --> 00:00:09,147 NARRATOR: In the criminal justice system 2 00:00:09,209 --> 00:00:13,180 the people are represented by two separate yet equally important groups, 3 00:00:13,246 --> 00:00:15,055 the police who investigate crime 4 00:00:15,115 --> 00:00:17,925 and the district attorneys who prosecute the offenders. 5 00:00:17,985 --> 00:00:19,658 These are their stories. 6 00:00:21,555 --> 00:00:24,468 Okay, I got seven bags sourdough and 13 baguettes. 7 00:00:24,524 --> 00:00:26,299 Supposed to be 14 baguettes. 8 00:00:26,360 --> 00:00:27,634 Hey, I counted 'em twice. 9 00:00:27,694 --> 00:00:29,833 Look, just take three loaves out of each bag. 10 00:00:29,896 --> 00:00:32,240 Then they complain to me that it's light. 11 00:00:32,299 --> 00:00:34,404 Get out of here before they complain you're late. 12 00:00:45,145 --> 00:00:46,419 Oh, man. 13 00:00:49,416 --> 00:00:51,487 The bakery workers found her when they opened up this morning. 14 00:00:51,551 --> 00:00:52,621 Around about 5:30. 15 00:00:52,686 --> 00:00:54,029 Any ID? Nothing. 16 00:00:54,121 --> 00:00:56,727 I got some guys out looking in the trash cans for a purse. 17 00:00:56,790 --> 00:00:59,202 She's got bruises on her neck, Lennie. 18 00:00:59,393 --> 00:01:01,395 Her heel's practically broken off. 19 00:01:01,461 --> 00:01:03,338 SERGEANT: It's tough to run from somebody in those things. 20 00:01:03,397 --> 00:01:06,606 Sarge. I found this handbag two blocks over. 21 00:01:06,666 --> 00:01:07,974 Let me see that. 22 00:01:09,302 --> 00:01:10,645 It matches her outfit. 23 00:01:12,139 --> 00:01:14,642 Huh, just cigarettes and a lipstick. 24 00:01:14,708 --> 00:01:17,279 She could've been out late at one of these bars or restaurants around here. 25 00:01:17,344 --> 00:01:18,448 Or a party. 26 00:01:18,512 --> 00:01:19,684 Whoa! 27 00:01:19,746 --> 00:01:20,884 That looks like ecstasy. 28 00:01:21,381 --> 00:01:22,655 The party's over. 29 00:02:13,100 --> 00:02:15,444 Bruised neck, petechial hemorrhages in the eyes. 30 00:02:15,502 --> 00:02:16,913 You have a good, old-fashioned strangling. 31 00:02:16,970 --> 00:02:18,005 From the front or the back? 32 00:02:18,071 --> 00:02:19,709 Missionary position. 33 00:02:19,773 --> 00:02:21,377 His thumbs crushed her larynx. 34 00:02:21,475 --> 00:02:23,751 I make time of death between 1:00 and 2:00 a.m. 35 00:02:23,844 --> 00:02:25,790 So, he's choking her face to face. 36 00:02:25,846 --> 00:02:28,087 She must've tried to pry his hands loose. 37 00:02:28,148 --> 00:02:29,320 Any skin under her nails? 38 00:02:29,382 --> 00:02:31,157 No, my guess is the perp had gloves on. 39 00:02:31,284 --> 00:02:32,729 What about sexual assault? 40 00:02:32,786 --> 00:02:34,265 Everything's shipshape down there. 41 00:02:34,321 --> 00:02:36,096 Did you find MDMA in her tox screen? 42 00:02:36,590 --> 00:02:39,196 No ecstasy, but her blood alcohol was up there. 43 00:02:39,259 --> 00:02:40,829 Did you get a read on stomach contents? 44 00:02:40,894 --> 00:02:43,135 No, she hadn't eaten food in awhile. 45 00:02:43,363 --> 00:02:45,741 Her last meal was a sour apple martini. 46 00:02:46,700 --> 00:02:48,270 Straight up, or on the rocks? 47 00:02:49,402 --> 00:02:51,143 Do we have an ID on her? 48 00:02:51,204 --> 00:02:52,706 We're canvassing the neighborhood with a photo, 49 00:02:52,772 --> 00:02:53,807 but nothing so far. 50 00:02:53,874 --> 00:02:55,319 Too early for a Missing Persons report. 51 00:02:55,375 --> 00:02:56,376 Well, how about prints? 52 00:02:56,443 --> 00:02:57,444 She's not in the system. 53 00:02:57,511 --> 00:02:58,990 Hey, it was only a matter of time. 54 00:02:59,045 --> 00:03:01,423 The lab confirmed the 25 hits of ecstasy in her purse, 55 00:03:01,481 --> 00:03:03,461 and they couldn't have all been for recreational use. 56 00:03:03,517 --> 00:03:05,588 Well, this type of martini she was drinking... 57 00:03:05,652 --> 00:03:06,756 Sour apple. 58 00:03:06,820 --> 00:03:08,299 It's gonna be tough to figure out who serves 'em 59 00:03:08,355 --> 00:03:09,663 until the bars open up. 60 00:03:09,723 --> 00:03:12,135 Hope you guys have some basic black to change into. 61 00:03:14,127 --> 00:03:16,767 The bartender said you were working the lounge last night. 62 00:03:16,830 --> 00:03:18,400 Yeah, 9:00 to 4:00. 63 00:03:18,465 --> 00:03:20,604 Did you serve any sour apple martinis? 64 00:03:21,168 --> 00:03:22,340 Are they illegal now? 65 00:03:23,937 --> 00:03:25,644 Guys, where's your sense of humor? 66 00:03:25,705 --> 00:03:28,083 We lost it about seven bars ago. 67 00:03:28,141 --> 00:03:31,213 (SIGHS) Yeah, I served about 100 of those things. 68 00:03:31,678 --> 00:03:33,680 Did you serve any to her? 69 00:03:37,517 --> 00:03:38,689 What happened to her? 70 00:03:39,085 --> 00:03:41,065 She was killed a few blocks from here. 71 00:03:42,589 --> 00:03:45,570 Yeah, um, I served two or three to her, 72 00:03:45,625 --> 00:03:47,502 and few to the guy who was hitting on her. 73 00:03:47,561 --> 00:03:48,972 Either one of them a regular? 74 00:03:49,029 --> 00:03:50,303 I didn't recognize them. 75 00:03:50,363 --> 00:03:52,502 ED: Did you see the two of them leave together? 76 00:03:52,566 --> 00:03:53,840 Yeah, maybe. 77 00:03:53,900 --> 00:03:56,471 How'd they settle up, uh, credit or cash? 78 00:03:57,804 --> 00:03:59,442 His American Express Platinum. 79 00:03:59,506 --> 00:04:01,179 I'll get the charge slip from the manager. 80 00:04:02,976 --> 00:04:04,512 What is this about? 81 00:04:04,578 --> 00:04:07,149 You were at the Zircon lounge two nights ago? 82 00:04:07,347 --> 00:04:08,621 Uh, yeah. 83 00:04:09,149 --> 00:04:12,619 Uh, maybe you'd be more comfortable talking down at the precinct. 84 00:04:13,620 --> 00:04:14,655 What do you want to know? 85 00:04:15,322 --> 00:04:17,962 Who was the woman you were with that night, Mr. Gibson? 86 00:04:29,069 --> 00:04:30,275 A girl named Angela, all right. 87 00:04:30,337 --> 00:04:32,112 I met her at the bar around 11:30, 88 00:04:32,172 --> 00:04:33,446 and I bought her a few drinks. 89 00:04:33,506 --> 00:04:35,782 You buy anything else beside a few drinks? 90 00:04:35,842 --> 00:04:36,946 Like what? 91 00:04:38,111 --> 00:04:39,954 Like ecstasy, maybe? 92 00:04:40,313 --> 00:04:42,589 I get tested here, all right. 93 00:04:42,649 --> 00:04:45,289 I got her cell phone number, took a taxi home. Alone. 94 00:04:45,518 --> 00:04:46,724 She had a cell phone with her? 95 00:04:46,786 --> 00:04:49,630 Yeah, she went out a few times to take calls. 96 00:04:49,689 --> 00:04:51,862 I actually thought things were going pretty well, 97 00:04:51,925 --> 00:04:53,700 until she noticed some guy come into the bar. 98 00:04:53,760 --> 00:04:56,400 She gets up, she goes to the bathroom, she never comes back. 99 00:04:56,796 --> 00:04:58,104 I figured it was an old boyfriend. 100 00:04:58,164 --> 00:04:59,336 What did he look like? 101 00:04:59,766 --> 00:05:04,772 Uh, about 6'1 ", 6'2", my age, light hair, black jacket. 102 00:05:05,205 --> 00:05:06,479 I think he might've had a friend with him. 103 00:05:06,539 --> 00:05:07,813 What time did you get home? 104 00:05:07,874 --> 00:05:11,515 About 1:00,1:15. You can check with my doorman. 105 00:05:12,245 --> 00:05:13,451 We will. 106 00:05:13,513 --> 00:05:15,789 And, uh, we're gonna need that cell phone number. 107 00:05:23,290 --> 00:05:27,067 Lennie. Here she is. Angela Jarrell. 108 00:05:27,794 --> 00:05:29,501 Nicer than the one we got. 109 00:05:30,463 --> 00:05:31,635 Here's her wallet. 110 00:05:34,401 --> 00:05:37,678 Well, if the perp robbed her, all he got was her cell phone. 111 00:05:37,737 --> 00:05:39,410 Have you had any problems here? 112 00:05:39,472 --> 00:05:42,180 Nothing unusual. Complaints about her music. 113 00:05:42,242 --> 00:05:43,983 She's behind on her rent a few months. 114 00:05:44,077 --> 00:05:45,454 How much does she owe? 115 00:05:45,512 --> 00:05:48,254 About three grand. Her father used to send me a check 116 00:05:48,315 --> 00:05:49,726 from Minnesota or someplace. 117 00:05:49,783 --> 00:05:51,091 Then, about six months ago, 118 00:05:51,151 --> 00:05:52,994 she started giving me cash. 119 00:05:53,053 --> 00:05:54,794 That's when she fell behind. 120 00:05:54,888 --> 00:05:56,925 You know how we can get in touch with her parents? 121 00:05:57,157 --> 00:05:59,262 I'm sure it's on her rental application. 122 00:06:00,593 --> 00:06:03,472 My parents couldn't make the trip. They're in shock. 123 00:06:04,597 --> 00:06:07,077 My father says he'll never set foot in this place. 124 00:06:07,200 --> 00:06:08,474 Maybe he'll feel differently 125 00:06:08,535 --> 00:06:10,845 when we have your sister's killer on trial. 126 00:06:12,672 --> 00:06:15,846 Angela's dreamed of coming here since she was 10 years old. 127 00:06:15,909 --> 00:06:17,115 (INDISTINCT CHATTERING) 128 00:06:17,177 --> 00:06:19,623 I just can't believe this is how it ended. 129 00:06:22,749 --> 00:06:25,491 Did your sister ever mention what she was doing here, Ms. Jarrell? 130 00:06:26,419 --> 00:06:29,662 Well, she called about the auditions she went on, 131 00:06:29,723 --> 00:06:31,066 the parts she never got, 132 00:06:31,124 --> 00:06:32,728 some of the guys she met. 133 00:06:33,393 --> 00:06:36,272 Did she ever talk about having any trouble with any of them? 134 00:06:36,329 --> 00:06:37,364 No. 135 00:06:37,430 --> 00:06:38,875 Was she working at all? 136 00:06:38,932 --> 00:06:42,937 Well, my dad couldn't make ends meet and still pay her rent, 137 00:06:43,002 --> 00:06:45,175 so she took a job at a copy place. 138 00:06:45,939 --> 00:06:47,009 Where was that? 139 00:06:47,073 --> 00:06:50,020 She said it was on the same block as her apartment, 140 00:06:50,076 --> 00:06:52,613 so dad didn't have to worry about her on the subway at night. 141 00:06:53,146 --> 00:06:57,117 Ms. Jarrell, there isn't any copy place near where your sister lived. 142 00:07:00,120 --> 00:07:01,565 What are you saying? 143 00:07:02,822 --> 00:07:05,428 Did your sister ever mention anything about ecstasy? 144 00:07:08,661 --> 00:07:10,197 What is it, Ms. Jarrell? 145 00:07:11,798 --> 00:07:14,244 Well, Angela wanted me to try some with her 146 00:07:14,300 --> 00:07:16,007 when she came home last Christmas. 147 00:07:16,703 --> 00:07:19,343 Some guy she knew turned her on to it. 148 00:07:19,406 --> 00:07:21,579 She said it was an unbelievable high, 149 00:07:21,641 --> 00:07:23,985 that it would really open me up. 150 00:07:24,577 --> 00:07:27,490 She liked it so much, she may have been selling it. 151 00:07:29,149 --> 00:07:31,959 Can you think of anybody she might have been in business with? 152 00:07:33,086 --> 00:07:35,327 We're sorry to lay this on you, but we... 153 00:07:35,855 --> 00:07:37,630 It might help us figure out who killed her. 154 00:07:39,659 --> 00:07:42,469 I wish I could tell you, but I really don't know. 155 00:07:43,530 --> 00:07:45,635 I'm just glad my father didn't come here. 156 00:07:50,470 --> 00:07:51,881 Hey, Lou. Yeah. 157 00:07:51,938 --> 00:07:54,976 Looks like Angela Jarrell's day job was dealing E. 158 00:07:55,041 --> 00:07:56,611 And you think that's what got her killed? 159 00:07:56,676 --> 00:07:58,178 The spot where she was strangled wasn't on her way home. 160 00:07:58,244 --> 00:08:00,053 We figure she went there with somebody she knew. 161 00:08:00,113 --> 00:08:02,650 And that Wall Street guy's alibi checks out. 162 00:08:02,749 --> 00:08:04,751 Well, here are the IUDs from her cell phone. 163 00:08:04,818 --> 00:08:07,765 Four calls from the same number while she was at the bar. 164 00:08:11,491 --> 00:08:12,936 Yeah, I called Angela. 165 00:08:12,992 --> 00:08:14,471 I was supposed to meet her for a drink. 166 00:08:14,527 --> 00:08:15,528 She never called me back. 167 00:08:15,595 --> 00:08:16,665 So, did you go meet her? 168 00:08:16,729 --> 00:08:18,402 I was here with my girlfriend all night. 169 00:08:18,465 --> 00:08:19,739 Wait a minute. Hold on. Let me get this straight. 170 00:08:19,799 --> 00:08:21,642 You're here with your girlfriend, and at the same time, 171 00:08:21,701 --> 00:08:23,681 you're trying to get with Angela at 12:30 in the morning? 172 00:08:23,736 --> 00:08:25,977 Four phone calls. Sounds like you were, 173 00:08:26,039 --> 00:08:28,041 uh, kind of obsessed with meeting her. 174 00:08:28,107 --> 00:08:30,519 Maybe you were trying to get your hands on some ecstasy. 175 00:08:32,111 --> 00:08:33,647 So, you know what she was doing. 176 00:08:33,713 --> 00:08:36,193 She had 25 hits on her when she died. 177 00:08:36,249 --> 00:08:38,024 Look, Angela wasn't like you think. 178 00:08:38,084 --> 00:08:41,691 I mean, she was the most incompetent drug dealer you ever saw. 179 00:08:42,288 --> 00:08:44,666 She was supposed to come over here on her way home 180 00:08:44,724 --> 00:08:47,000 and roll with us, but she never showed up. 181 00:08:47,060 --> 00:08:50,064 Do you have any idea who might have gotten her into this, Mr. Daltrey? 182 00:08:50,129 --> 00:08:51,130 (SIGHS) 183 00:08:51,431 --> 00:08:52,637 Look, this might be something. 184 00:08:52,699 --> 00:08:55,179 I once asked Angela if she could, you know, 185 00:08:55,235 --> 00:08:56,976 find me something more serious. 186 00:08:57,036 --> 00:08:58,208 She gave me a guy's phone number. 187 00:08:58,271 --> 00:08:59,409 Do you still have the number? 188 00:08:59,472 --> 00:09:02,180 I threw it away. But I remember, his name was Taz. 189 00:09:02,742 --> 00:09:05,052 We can try running it as an AKA. 190 00:09:05,745 --> 00:09:06,746 Thanks. 191 00:09:10,183 --> 00:09:13,289 Thursday, um, no. I was home all night. Why? 192 00:09:13,386 --> 00:09:16,265 We heard you were at the Zircon lounge in Tribeca. 193 00:09:16,322 --> 00:09:18,131 We're investigating an incident there. 194 00:09:18,191 --> 00:09:20,831 No, I'm not getting around too well since I busted my foot, so... 195 00:09:20,894 --> 00:09:23,636 Do you know a woman named Angela Jarrell? 196 00:09:23,897 --> 00:09:25,638 Doesn't ring a bell, no. 197 00:09:25,698 --> 00:09:27,177 How'd you hurt yourself, Mr. Partell? 198 00:09:27,267 --> 00:09:29,577 You wouldn't believe it, I dropped a hammer on it. 199 00:09:29,636 --> 00:09:31,513 Broke one of those little bones. (CHUCKLES) 200 00:09:31,738 --> 00:09:32,978 At work? 201 00:09:33,039 --> 00:09:34,177 Nah. Nah. I'm in between jobs. 202 00:09:34,240 --> 00:09:37,244 I was, uh, putting shelves up in the closet. 203 00:09:37,410 --> 00:09:38,912 Mmm. When was that? 204 00:09:40,346 --> 00:09:41,484 Last weekend. 205 00:09:44,183 --> 00:09:45,560 What, you don't believe me? 206 00:09:45,752 --> 00:09:47,425 We ran your sheet. 207 00:09:47,987 --> 00:09:49,227 How'd you get your cleaning? 208 00:09:49,455 --> 00:09:53,232 They deliver. Now look, if there's nothing else... 209 00:09:53,293 --> 00:09:54,294 Okay? 210 00:09:54,427 --> 00:09:57,169 How about somebody that can account for your whereabouts Thursday night. 211 00:09:57,230 --> 00:09:59,210 Like I said, I was here alone, all right? 212 00:10:00,033 --> 00:10:02,604 Now, if you guys got nothing else to ask me... 213 00:10:04,103 --> 00:10:05,411 Goodbye. 214 00:10:12,345 --> 00:10:14,018 She's got a broken right heel, 215 00:10:14,080 --> 00:10:15,753 he's got a broken left foot. 216 00:10:15,815 --> 00:10:17,260 She's got two hands around her neck, 217 00:10:17,317 --> 00:10:18,557 that's probably all she could do. 218 00:10:18,618 --> 00:10:21,326 Gibson told us the guy in the bar was wearing a black jacket. 219 00:10:21,421 --> 00:10:23,492 Did you notice the jacket in the dry cleaner's bag? 220 00:10:23,556 --> 00:10:25,900 Yeah, I noticed the receipt, too. Parisian Dry Cleaners. 221 00:10:26,125 --> 00:10:28,162 Let's find out if Partell took that jacket in 222 00:10:28,227 --> 00:10:30,207 to clean up after a night on the town. 223 00:10:32,498 --> 00:10:34,478 Um, no deliveries this week. 224 00:10:34,534 --> 00:10:37,208 He picked up his dry cleaning on the 26th. 225 00:10:38,071 --> 00:10:39,812 That's two days before the murder, Lennie. 226 00:10:39,872 --> 00:10:41,078 He picked it up? 227 00:10:42,008 --> 00:10:46,013 Um... "A leather jacket, two pairs of pants, three shirts." 228 00:10:46,446 --> 00:10:48,392 And how'd he manage all that on his crutches? 229 00:10:49,449 --> 00:10:50,928 He didn't have crutches. 230 00:10:51,284 --> 00:10:52,456 You sure? 231 00:10:52,518 --> 00:10:55,226 I couldn't find his cleaning, he saw it on the rack, 232 00:10:55,288 --> 00:10:57,268 and he walked around the counter and took it down for me. 233 00:11:00,360 --> 00:11:01,361 Thanks. 234 00:11:04,764 --> 00:11:07,176 You lied about when you hurt your foot, Partell. 235 00:11:07,767 --> 00:11:09,872 I think possibly you may have misunderstood me. 236 00:11:10,136 --> 00:11:11,137 (CHUCKLES) Yeah, right. 237 00:11:11,571 --> 00:11:15,348 So, what happened? Somebody break off a high heel on your toe? 238 00:11:15,708 --> 00:11:19,315 Hey, guys, what's the point of dragging me down here, really, you know... 239 00:11:19,612 --> 00:11:22,286 Criminal sale of a controlled substance in '95, 240 00:11:22,348 --> 00:11:24,624 gun possession in '97, you fit the profile. 241 00:11:25,385 --> 00:11:26,887 (INHALING) ls my lawyer here? 242 00:11:27,353 --> 00:11:29,959 You know, once we connect you to Angela Jarrell, it's over. 243 00:11:30,490 --> 00:11:32,367 Yeah, you go right ahead, connect me, okay. 244 00:11:32,425 --> 00:11:34,200 We got witnesses coming down. 245 00:11:34,260 --> 00:11:35,398 If they put you in that bar... 246 00:11:35,461 --> 00:11:36,462 (KNOCKING ON DOOR) 247 00:11:37,096 --> 00:11:40,043 This is Mr. Hauser, Mr. Partell's attorney. 248 00:11:40,199 --> 00:11:41,405 No more questions, gentlemen. 249 00:11:41,701 --> 00:11:44,614 Aw, you sure you don't want to join us for a few minutes, Counselor? 250 00:11:45,538 --> 00:11:46,710 Is my client under arrest? 251 00:11:46,773 --> 00:11:49,049 We'll let you know after the lineup. 252 00:11:52,478 --> 00:11:54,617 Do you recognize anyone, Mr. Gibson? 253 00:11:55,682 --> 00:11:57,923 Uh, can you ask number two to come closer? 254 00:11:59,986 --> 00:12:01,966 Number two, please step forward. 255 00:12:20,406 --> 00:12:22,511 He might've been one of the guys I saw at the bar. 256 00:12:22,575 --> 00:12:23,952 Uh, I'm not sure. 257 00:12:24,510 --> 00:12:25,853 VAN BUREN: Thanks, Mr. Gibson. 258 00:12:25,912 --> 00:12:27,084 I'm sorry. 259 00:12:27,180 --> 00:12:29,057 HAUSER: I take it Mr. Partell will be released? 260 00:12:29,115 --> 00:12:30,116 For now. 261 00:12:33,052 --> 00:12:34,190 How about the waitress in the bar? 262 00:12:34,620 --> 00:12:36,531 She said she don't remember seeing Partell. 263 00:12:36,589 --> 00:12:38,591 Well, the other guy Gibson mentioned, 264 00:12:38,658 --> 00:12:41,969 were there any co-defendants on Partell's old drug cases? 265 00:12:42,028 --> 00:12:44,167 We can run the arrest numbers off his rap sheet, 266 00:12:44,230 --> 00:12:45,265 see who turns up. 267 00:12:45,798 --> 00:12:46,799 Good. 268 00:12:47,934 --> 00:12:51,143 Yeah, me and Taz got arrested together. I did my nine months. 269 00:12:51,204 --> 00:12:52,342 You two still hang out? 270 00:12:52,405 --> 00:12:54,715 Not for about a year. We don't get along too good. 271 00:12:54,774 --> 00:12:56,117 Business dispute? 272 00:12:56,175 --> 00:13:00,385 I'm out of that. I got my 9:00 to 5:00 now. 273 00:13:02,115 --> 00:13:03,321 So, what's up with this? 274 00:13:03,616 --> 00:13:05,118 You're too old to be from narcotics. 275 00:13:05,184 --> 00:13:06,527 We're homicide. 276 00:13:06,586 --> 00:13:07,929 From the Bronx? Manhattan. 277 00:13:08,488 --> 00:13:09,728 Why'd you say the Bronx? 278 00:13:10,223 --> 00:13:11,827 No reason. ED: Just popped into your head? 279 00:13:11,891 --> 00:13:12,892 Yeah. 280 00:13:12,959 --> 00:13:15,667 Then you're coming with us to explain where you were Thursday night. 281 00:13:16,496 --> 00:13:17,600 I was working here. 282 00:13:17,663 --> 00:13:19,040 You can ask my boss. 283 00:13:19,098 --> 00:13:21,806 Listen, if you want to save yourself a ride downtown, Mr. Quintana, 284 00:13:21,868 --> 00:13:24,474 I suggest you tell us why you thought we were Bronx homicide. 285 00:13:28,474 --> 00:13:30,385 Taz should've caught a body a couple of years ago, 286 00:13:30,443 --> 00:13:31,547 except he skated. 287 00:13:31,777 --> 00:13:33,814 There's no homicide arrest on his rap sheet. 288 00:13:35,515 --> 00:13:37,495 I got a break coming. You wanna buy me a coffee? 289 00:13:39,485 --> 00:13:41,658 So me and Taz are in this spot up in the Bronx, right, 290 00:13:41,721 --> 00:13:42,756 the Grand Slam. 291 00:13:42,822 --> 00:13:44,529 That's the dance club, up by Yankee Stadium, right? 292 00:13:44,590 --> 00:13:47,036 Yeah. So, I'm in my truck smoking a bone, right? 293 00:13:47,660 --> 00:13:50,231 Taz comes out, tells me to drive back to the club. 294 00:13:50,296 --> 00:13:52,537 Then he goes under my seat and grabs a .25 295 00:13:52,598 --> 00:13:54,441 he had stashed there before we went in. 296 00:13:54,500 --> 00:13:57,674 So, I figure he's gonna show it to some girl, right? 297 00:13:57,737 --> 00:13:59,910 I'm waiting across the street, 298 00:13:59,972 --> 00:14:02,316 and I see Taz step up on the bouncer. 299 00:14:02,375 --> 00:14:04,651 (MIMICS GUN FIRING) Then his gun jams. 300 00:14:04,710 --> 00:14:06,348 So, he kicks him as he goes down, you know. 301 00:14:06,412 --> 00:14:08,585 And I'm like, bugging out on this, right? 302 00:14:08,648 --> 00:14:10,821 Then Taz jumps back in my truck, 303 00:14:10,883 --> 00:14:13,329 and I don't' want him in my truck, right? 304 00:14:13,386 --> 00:14:14,956 So, I drop him off in the subway. 305 00:14:15,021 --> 00:14:16,625 Why are you telling us this now? 306 00:14:16,689 --> 00:14:21,763 A, Taz screwed me. B, the cops picked up the wrong guy behind this. 307 00:14:21,828 --> 00:14:23,136 Somebody else was arrested? 308 00:14:23,196 --> 00:14:25,540 Two days later. I read it in the paper. 309 00:14:29,702 --> 00:14:33,081 Bouncer at the Grand Slam. Sure, I remember it. About two years ago. 310 00:14:33,139 --> 00:14:34,482 You make a collar? 311 00:14:34,540 --> 00:14:36,645 Yeah, a kid named Tony Shaeffer. 312 00:14:36,709 --> 00:14:38,711 He's upstate doing 25-to-life. 313 00:14:38,811 --> 00:14:41,724 We came across a witness who says that you guys picked up the wrong guy. 314 00:14:41,781 --> 00:14:42,782 Who's this witness? 315 00:14:42,849 --> 00:14:45,853 Ah, he's a former associate of our suspect. 316 00:14:45,918 --> 00:14:47,363 They used to deal drugs together. 317 00:14:47,420 --> 00:14:48,592 He's got a sheet? 318 00:14:48,654 --> 00:14:50,895 Yeah, and he's got a grudge against the shooter. 319 00:14:50,990 --> 00:14:52,492 Let's go right out and pick him up, Bobby. 320 00:14:52,558 --> 00:14:53,662 (BOTH LAUGHING) 321 00:14:53,726 --> 00:14:55,831 This witness knew details about the shooting. 322 00:14:55,928 --> 00:14:58,534 The fact that the gun jammed after the second round, 323 00:14:58,598 --> 00:15:00,077 that the shooter kicked the victim as he fell. 324 00:15:00,132 --> 00:15:03,238 Anybody who sat through Shaeffer's trial would know all these details. 325 00:15:04,437 --> 00:15:06,246 Bobby, get the jacket. 326 00:15:08,374 --> 00:15:09,910 We had two IDs. 327 00:15:09,976 --> 00:15:12,217 Plus the kid shot his mouth off to his girlfriend. 328 00:15:12,645 --> 00:15:15,353 We found the murder weapon on the tracks where he got on the subway. 329 00:15:15,548 --> 00:15:16,754 Were there any prints on the gun? 330 00:15:17,416 --> 00:15:18,588 Sounds to me like your guy is 331 00:15:18,651 --> 00:15:20,255 looking to screw over his old running buddy. 332 00:15:21,621 --> 00:15:22,759 ED: Shaeffer didn't plead out? 333 00:15:22,822 --> 00:15:23,960 He had priors. 334 00:15:24,423 --> 00:15:26,767 An assault plead down to a dis-con. 335 00:15:27,393 --> 00:15:28,838 And he had an alibi witness. 336 00:15:29,095 --> 00:15:31,166 And if I recall, the D.A. tore her apart. 337 00:15:31,864 --> 00:15:34,902 What's a matter, fellas, you don't got enough to do in Manhattan? 338 00:15:36,135 --> 00:15:37,978 Shaeffer's alibi witness is on our way downtown. 339 00:15:38,037 --> 00:15:40,347 It's a closed case. In the Bronx. 340 00:15:40,406 --> 00:15:42,977 Yeah, well, we don't have anything on Partell in Manhattan. 341 00:15:43,042 --> 00:15:45,352 So, let's just go see what shakes out, please. 342 00:15:46,345 --> 00:15:49,952 Tony was right here in this kitchen when that man was shot, 343 00:15:50,016 --> 00:15:52,121 I swear on my husband's grave. 344 00:15:53,319 --> 00:15:54,320 (SIGHS) 345 00:15:54,687 --> 00:15:57,258 But just because I'm his mother, they wouldn't believe me. 346 00:15:58,057 --> 00:16:01,504 The jury's going to be skeptical about an alibi from a family member. 347 00:16:02,261 --> 00:16:04,502 They made it seem like I was lying. 348 00:16:05,064 --> 00:16:10,036 And that D.A. kept asking every little thing to trip me up. 349 00:16:10,569 --> 00:16:12,310 What I had for supper, 350 00:16:12,371 --> 00:16:16,080 what program I was watching when Tony came home from the bar. 351 00:16:16,509 --> 00:16:18,455 I was so nervous up there. 352 00:16:18,611 --> 00:16:20,420 You can't blame yourself, Mrs. Shaeffer. 353 00:16:21,113 --> 00:16:24,720 It's all just a horrible dream. 354 00:16:27,853 --> 00:16:30,197 When Tony went away, 355 00:16:31,624 --> 00:16:33,069 I took some pills. 356 00:16:34,927 --> 00:16:36,668 They had to pump my stomach. 357 00:16:39,031 --> 00:16:41,773 Mrs. Shaeffer, I don't want to get your hopes up, 358 00:16:41,834 --> 00:16:44,678 but we talked to somebody that says your son is innocent. 359 00:16:45,404 --> 00:16:49,181 Oh, please, whoever this person is, you have to believe it. 360 00:16:49,642 --> 00:16:52,623 I'm begging you, please. 361 00:16:56,215 --> 00:16:57,694 What, are you following me? 362 00:16:57,750 --> 00:16:59,923 We struck out on Partell's former co-defendants, 363 00:16:59,985 --> 00:17:01,589 but one of them turned us on to a murder that 364 00:17:01,654 --> 00:17:03,497 Partell may have committed in the Bronx. 365 00:17:03,556 --> 00:17:06,002 Only trouble is, there's another guy doing time for it. 366 00:17:06,058 --> 00:17:07,469 And you think that's a mistake? 367 00:17:07,526 --> 00:17:08,561 Well, it's possible. 368 00:17:08,627 --> 00:17:09,662 Lennie? 369 00:17:09,729 --> 00:17:11,675 Uh, I've seen the crying mother routine before, 370 00:17:11,731 --> 00:17:13,711 but I don't know, there's something about this. 371 00:17:13,766 --> 00:17:16,474 Well, will this help you close the Angela Jarrell case? 372 00:17:16,535 --> 00:17:18,208 Well, right now, Partell knows we don't have squat. 373 00:17:18,270 --> 00:17:20,113 So, if we keep digging into this Bronx thing, 374 00:17:20,172 --> 00:17:21,310 we might get a little leverage. 375 00:17:21,374 --> 00:17:24,412 Well, keep digging. I want to hear more than, "It's possible." 376 00:17:29,448 --> 00:17:31,519 DAVIS: I'm in the club with my two buddies. 377 00:17:31,584 --> 00:17:34,087 This guy, Shaeffer, gets kicked out by the bouncer. 378 00:17:34,887 --> 00:17:37,367 Everybody hears him say he's going to come back and mess him up. 379 00:17:37,923 --> 00:17:40,335 Then as we're leaving, we hear a couple of shots. 380 00:17:40,659 --> 00:17:44,505 We look back, and the bouncer's dead on the sidewalk, 381 00:17:44,563 --> 00:17:46,543 and this Shaeffer kicks him and runs. 382 00:17:47,066 --> 00:17:48,670 Couple of days later, I picked him out of a lineup. 383 00:17:48,734 --> 00:17:49,804 All three of you guys? 384 00:17:49,869 --> 00:17:51,177 Uh, Pete didn't come down. 385 00:17:51,237 --> 00:17:52,375 Why not? 386 00:17:52,438 --> 00:17:53,712 I guess they didn't need him. 387 00:17:55,141 --> 00:17:56,484 This detective came to my house 388 00:17:56,542 --> 00:17:58,544 and showed me six pictures in a plastic holder. 389 00:17:58,611 --> 00:17:59,646 A photo array. 390 00:17:59,712 --> 00:18:01,851 Yeah. But the guy who shot the bouncer wasn't in there. 391 00:18:02,248 --> 00:18:04,922 This is Tony Shaeffer, the guy your two friends identified. 392 00:18:06,118 --> 00:18:07,620 Now, see, 393 00:18:07,687 --> 00:18:10,668 this looks like the guy who was kicked out of the club. 394 00:18:10,723 --> 00:18:12,168 Not the guy with the gun. 395 00:18:13,426 --> 00:18:15,633 And you remember all that two years later? 396 00:18:16,128 --> 00:18:17,232 All I know is, 397 00:18:17,296 --> 00:18:19,902 the guy he tossed out of the club wasn't the one who shot him. 398 00:18:19,965 --> 00:18:21,967 Well, why didn't you tell this to the detective? 399 00:18:22,034 --> 00:18:24,776 I did. But once I didn't pick out the right picture, 400 00:18:24,837 --> 00:18:26,111 he didn't seem interested. 401 00:18:26,172 --> 00:18:29,176 He told me he'd be in touch, and that's the last I heard from him. 402 00:18:29,241 --> 00:18:30,618 Did you tell your friends that you thought that 403 00:18:30,676 --> 00:18:32,212 they identified the wrong guy? 404 00:18:32,278 --> 00:18:34,519 You know, it all happened so fast... 405 00:18:34,580 --> 00:18:36,787 I guess they saw what they saw. 406 00:18:37,616 --> 00:18:40,222 Is it possible your friends had it in for this guy? 407 00:18:40,720 --> 00:18:41,858 They didn't even know him. 408 00:18:41,921 --> 00:18:45,596 But, uh, I remember Dave did say something about a reward. 409 00:18:47,593 --> 00:18:48,901 Here's how it works. 410 00:18:48,961 --> 00:18:51,908 An anonymous informant calls Crime Stoppers with a tip. 411 00:18:51,964 --> 00:18:54,945 If the detective working the case thinks it might pan out, 412 00:18:55,000 --> 00:18:57,071 we assign the informant a code number. 413 00:18:57,169 --> 00:18:59,274 If it leads to a conviction, cha-ching. 414 00:18:59,338 --> 00:19:00,476 What's the going rate? 415 00:19:00,539 --> 00:19:01,609 Two thousand. 416 00:19:01,674 --> 00:19:03,551 (CHUCKLES) Sometimes the families want to pump it up, 417 00:19:03,609 --> 00:19:06,715 but we discourage it. Too much incentive for bad information. 418 00:19:07,346 --> 00:19:09,087 Did you pay a tip on 419 00:19:09,148 --> 00:19:13,995 People v. Anthony Shaeffer, Bronx County, '99 indictment? 420 00:19:19,291 --> 00:19:20,292 Nope. 421 00:19:20,359 --> 00:19:22,703 So much for the greedy informant theory. 422 00:19:23,262 --> 00:19:24,468 Let's take a look at the tip sheets 423 00:19:24,530 --> 00:19:25,600 for the week following the murder. 424 00:19:26,499 --> 00:19:27,603 Well, here's one, 425 00:19:27,666 --> 00:19:29,475 four days after the shooting. 426 00:19:29,535 --> 00:19:31,913 It's two days after Shaeffer was arrested. 427 00:19:32,304 --> 00:19:34,750 Uh, the caller identifies the shooter at the Grand Slam 428 00:19:34,807 --> 00:19:39,256 as "Taz, white male, light hair, 30 to 35 years old." 429 00:19:39,612 --> 00:19:41,683 And that's a notation that a message was left 430 00:19:41,747 --> 00:19:44,557 for a Detective Boyle at the 56 regarding the tip. 431 00:19:45,651 --> 00:19:47,790 Did the informant ever receive a code number? 432 00:19:48,888 --> 00:19:50,765 Looks like the detective never called back. 433 00:19:50,990 --> 00:19:53,300 What's this 718 number in the margin? 434 00:19:53,426 --> 00:19:55,736 Some of our newer phones have caller ID. 435 00:19:55,795 --> 00:19:58,332 Don't say where you got it. We're not supposed to write it down. 436 00:20:00,099 --> 00:20:02,409 We appreciate your coming down, Ms. Pistone. 437 00:20:02,768 --> 00:20:04,406 I still can't figure out how you got my name. 438 00:20:04,703 --> 00:20:08,378 Well, we're re-interviewing everybody who was at the club the night of the murder, 439 00:20:08,440 --> 00:20:10,442 and your name just happened to come up. 440 00:20:10,509 --> 00:20:12,887 Ms. Pistone, this is Tony Shaeffer. 441 00:20:13,279 --> 00:20:14,917 Have you seen him before? 442 00:20:15,714 --> 00:20:17,216 Not that I remember. 443 00:20:17,883 --> 00:20:19,556 Do you recognize any of these men, 444 00:20:19,618 --> 00:20:20,892 from the night of the shooting? 445 00:20:22,721 --> 00:20:25,463 Taz, he's the one who shot Vincent, the bouncer. 446 00:20:25,925 --> 00:20:26,926 Are you sure? 447 00:20:26,992 --> 00:20:28,266 Yeah, I'm sure. 448 00:20:28,327 --> 00:20:31,308 My girlfriend used to work in that club. Taz used to sell drugs there. 449 00:20:32,998 --> 00:20:35,103 Look, my lawyer told you I got nothing else to say, all right. 450 00:20:35,167 --> 00:20:36,544 BRISCOE: Good. You're under arrest. 451 00:20:36,602 --> 00:20:37,945 For what? Murder. 452 00:20:38,971 --> 00:20:40,951 Oh, you got nothing on me with that bitch. 453 00:20:41,006 --> 00:20:42,952 The correct response would be, "which murder"? 454 00:20:43,008 --> 00:20:44,180 What are you talking about? 455 00:20:44,243 --> 00:20:46,416 We're arresting you for the murder of Vincent Jackson. 456 00:20:46,479 --> 00:20:47,822 Be careful with the foot, will you? 457 00:20:47,880 --> 00:20:50,156 Aw, don't worry. We're not wearing high heels. 458 00:20:55,721 --> 00:20:57,394 We arrested Francis Partell 459 00:20:57,456 --> 00:21:01,029 for the murder of Vincent Jackson in the Bronx in 1998. 460 00:21:01,460 --> 00:21:02,564 That's a murder from two years ago. 461 00:21:02,628 --> 00:21:03,629 What about Angela Jarrell? 462 00:21:03,696 --> 00:21:05,801 Partell did it, but we can't put him at the scene. 463 00:21:06,165 --> 00:21:07,337 Do we have a motive? 464 00:21:07,433 --> 00:21:08,776 Well, she was selling ecstasy, 465 00:21:08,834 --> 00:21:10,211 he's got a conviction for dealing. 466 00:21:10,269 --> 00:21:11,304 We're guessing there was some 467 00:21:11,370 --> 00:21:13,782 business relationship between them that went sour. 468 00:21:14,340 --> 00:21:16,013 I take it there's no forensics evidence? 469 00:21:16,075 --> 00:21:19,181 Well, our case against him on the Bronx murder is a lot better. 470 00:21:19,245 --> 00:21:22,419 It looks like those guys up there steamrollered the wrong guy. 471 00:21:23,282 --> 00:21:24,886 That's a serious allegation. 472 00:21:25,117 --> 00:21:28,655 Look, the last thing I want to do is sling mud at my own people. 473 00:21:28,888 --> 00:21:30,697 Are you sure you don't want to handle this internally? 474 00:21:30,756 --> 00:21:33,566 You folks have to decide what to do about Partell. 475 00:21:33,692 --> 00:21:34,762 Thanks. 476 00:21:34,827 --> 00:21:36,864 Hey, Abbie, you know I wouldn't lay this on you 477 00:21:36,929 --> 00:21:38,806 if we weren't pretty sure about the Bronx. 478 00:21:40,566 --> 00:21:43,376 Well, assuming you're right, we've got two major problems. 479 00:21:44,436 --> 00:21:46,382 A jury's convicted another defendant, 480 00:21:46,438 --> 00:21:48,748 and we don't have jurisdiction. 481 00:21:48,807 --> 00:21:50,980 Our cops are convinced there was a screwup. 482 00:21:51,911 --> 00:21:53,857 Has anybody talked to the Bronx? 483 00:21:53,913 --> 00:21:56,826 Yeah, the detective assigned to the case has washed his hands of it. 484 00:21:57,449 --> 00:22:00,123 And what does this have to do with the case we can prosecute? 485 00:22:00,586 --> 00:22:02,429 Well, if we can't nail Partell on one murder, 486 00:22:02,488 --> 00:22:03,990 we'll nail him with another one. 487 00:22:05,424 --> 00:22:08,132 Since when do we second-guess another D.A.'s office? 488 00:22:09,461 --> 00:22:11,600 Jack, the evidence is pretty solid. 489 00:22:11,664 --> 00:22:13,803 And I found a way around the jurisdictional problem. 490 00:22:13,866 --> 00:22:15,675 Do you remember our office prosecuted 491 00:22:15,734 --> 00:22:17,304 that ticket scalping ring at Yankee Stadium? 492 00:22:17,369 --> 00:22:20,612 Because there's a 500-yard exception for an adjoining county. 493 00:22:20,706 --> 00:22:24,620 Well, the club where Partell shot Jackson falls within the exception. 494 00:22:25,311 --> 00:22:27,587 This could blow up in our faces. 495 00:22:27,646 --> 00:22:29,592 Before we get into a turf war with the Bronx, 496 00:22:29,648 --> 00:22:32,094 be damn sure they convicted the wrong man. 497 00:22:34,853 --> 00:22:37,459 You know what a defense lawyer's worst nightmare is? 498 00:22:37,957 --> 00:22:39,732 An innocent client? 499 00:22:39,792 --> 00:22:41,533 A mother as an alibi witness. 500 00:22:41,860 --> 00:22:43,066 No, thanks. 501 00:22:43,195 --> 00:22:45,573 So, you did think Tony Shaeffer was innocent? 502 00:22:45,731 --> 00:22:47,711 From the day I was assigned to the case. 503 00:22:47,766 --> 00:22:49,040 So, why did you put him on the stand? 504 00:22:49,101 --> 00:22:50,580 I didn't have much of a choice. 505 00:22:50,636 --> 00:22:52,877 Tony had words with the victim that night. 506 00:22:52,938 --> 00:22:55,851 Then he told his girlfriend he did it to impress her. 507 00:22:55,908 --> 00:22:59,219 I had to put him on the stand to explain away the hole he dug for himself. 508 00:22:59,478 --> 00:23:00,855 Did you ever consider a plea? 509 00:23:00,913 --> 00:23:03,257 Did you ever see an innocent man take manslaughter? 510 00:23:04,683 --> 00:23:05,889 Neither have I. 511 00:23:06,185 --> 00:23:07,926 So, uh, what's going on here? 512 00:23:08,387 --> 00:23:11,698 We found two witnesses who ID'd a local drug dealer as the shooter. 513 00:23:11,790 --> 00:23:13,326 I had a feeling we got hosed. 514 00:23:13,759 --> 00:23:16,137 Well, it's hardly enough to challenge a jury verdict. 515 00:23:16,628 --> 00:23:17,766 I still have the mother. 516 00:23:17,830 --> 00:23:19,275 And there's Peter Verona. 517 00:23:19,398 --> 00:23:20,672 Who? 518 00:23:20,733 --> 00:23:23,873 He was at the bar. He told the police that Shaeffer wasn't the shooter, 519 00:23:23,936 --> 00:23:26,212 and he also couldn't ID Shaeffer in a photo array. 520 00:23:27,706 --> 00:23:29,276 Nobody told me about it. 521 00:23:32,011 --> 00:23:34,924 What kind of problems were you referring to, Ms. Carmichael? 522 00:23:34,980 --> 00:23:37,051 Well, there was a witness Detective Boyle interviewed 523 00:23:37,116 --> 00:23:38,527 that said Shaeffer didn't do it. 524 00:23:38,584 --> 00:23:41,224 All that happened was he didn't pick him out of the six pack. 525 00:23:41,287 --> 00:23:42,357 I had two guys who did. 526 00:23:43,022 --> 00:23:44,433 It wasn't in any of your reports. 527 00:23:45,090 --> 00:23:46,467 I told the A.D.A. who prepped me. 528 00:23:46,525 --> 00:23:48,527 CARMICHAEL: Did you tell him about the anonymous tip you got? 529 00:23:49,461 --> 00:23:50,599 What up? 530 00:23:50,663 --> 00:23:52,904 There was a message left for you from Crime Stoppers 531 00:23:52,965 --> 00:23:54,638 two days after you arrested Shaeffer. 532 00:23:54,900 --> 00:23:56,106 Well, I never got it. 533 00:23:56,168 --> 00:23:57,670 You never got it or you ignored it? 534 00:23:58,871 --> 00:24:00,509 Now, just a minute, Ms. Carmichael. 535 00:24:00,572 --> 00:24:02,574 I have to take exception to you coming up here 536 00:24:02,641 --> 00:24:05,918 and making insinuations about the way my people do their jobs. 537 00:24:06,011 --> 00:24:08,514 Look, Lieutenant, I'm just trying to give you a heads-up here. 538 00:24:08,580 --> 00:24:10,992 There are three witnesses who have raised doubts about this arrest. 539 00:24:11,183 --> 00:24:12,457 Two years later. 540 00:24:12,818 --> 00:24:14,798 As far as we're concerned, the case is closed. 541 00:24:15,187 --> 00:24:17,326 Well, I'm sure the man who killed Vincent Jackson 542 00:24:17,389 --> 00:24:18,595 must be very pleased about that. 543 00:24:18,657 --> 00:24:20,694 Correct me if I'm wrong, Ms. Carmichael, 544 00:24:20,759 --> 00:24:23,706 but didn't the guy we put away confess to his girlfriend? 545 00:24:25,898 --> 00:24:27,605 Look, I think it's too bad what happened to Tony, 546 00:24:27,666 --> 00:24:29,509 but he should never have shot that guy. 547 00:24:29,902 --> 00:24:31,711 Well, maybe if you could just take me through it. 548 00:24:32,171 --> 00:24:35,015 Do I really have to? Because I'm trying to put all that behind me. 549 00:24:35,074 --> 00:24:36,144 Please, Ms. Mankowitz. 550 00:24:36,241 --> 00:24:38,278 (SIGHING) All right, that night, 551 00:24:38,343 --> 00:24:40,220 I went to a club with Tony. 552 00:24:40,279 --> 00:24:41,587 We were there, like, 20 minutes 553 00:24:41,647 --> 00:24:45,720 when this guy gets all up in Tony's face and he starts screaming and cursing. 554 00:24:45,784 --> 00:24:47,161 Then, a bouncer came over, 555 00:24:47,219 --> 00:24:48,527 grabbed Tony, and threw him out. 556 00:24:48,587 --> 00:24:49,998 And you stayed in the club? 557 00:24:50,355 --> 00:24:53,336 No, I went somewhere else. I wasn't going to let that ruin my evening. 558 00:24:53,859 --> 00:24:56,339 So, when did Tony tell you about what happened? 559 00:24:57,596 --> 00:25:00,770 The next day. He came over, we were watching the news, 560 00:25:00,833 --> 00:25:03,245 and the story comes on about the bouncer at the club, 561 00:25:03,302 --> 00:25:05,248 and I'm, like, "Oh, my God." 562 00:25:05,304 --> 00:25:07,875 And Tony goes, "Well, that's what he gets for dissing me." 563 00:25:07,940 --> 00:25:10,477 And he makes two popping sounds, like he's got a gun. 564 00:25:10,609 --> 00:25:12,088 And you went to the police? 565 00:25:12,144 --> 00:25:14,090 No. Do I look like I'd rat him out? 566 00:25:14,146 --> 00:25:16,422 I told my sister, she went to the police, 567 00:25:16,482 --> 00:25:18,189 and then they came to me for a statement. 568 00:25:18,250 --> 00:25:20,491 And you had no problem giving him up? 569 00:25:20,886 --> 00:25:22,866 I was breaking up with him anyway. 570 00:25:22,921 --> 00:25:24,423 Tony wasn't really my type. 571 00:25:24,723 --> 00:25:25,793 What do you mean? 572 00:25:25,858 --> 00:25:28,862 Well, Tony was a nice guy and everything, but 573 00:25:28,927 --> 00:25:30,167 he was kind of a wimp. 574 00:25:30,496 --> 00:25:31,736 Did it ever occur to you 575 00:25:31,797 --> 00:25:34,175 that he might have been bragging about something he didn't do 576 00:25:34,233 --> 00:25:35,337 in order to impress you? 577 00:25:36,869 --> 00:25:39,145 What kind of idiot would do something like that? 578 00:25:40,973 --> 00:25:43,385 My mother tells me the police are re-opening the case. 579 00:25:44,209 --> 00:25:46,280 It's not that simple, Mr. Shaeffer. 580 00:25:47,012 --> 00:25:48,753 A jury's already convicted you. 581 00:25:49,214 --> 00:25:52,058 The hardest thing to accept is the fact you have confessed. 582 00:25:54,319 --> 00:25:56,799 I was just trying to get Valerie to like me. 583 00:25:56,855 --> 00:25:58,766 It's the stupidest thing lever did. 584 00:25:59,024 --> 00:26:00,298 It sure was. 585 00:26:01,393 --> 00:26:02,872 Up where they got me now, 586 00:26:02,928 --> 00:26:05,966 everybody's got a story about how they were framed or something. 587 00:26:06,331 --> 00:26:08,902 But I did not kill that man, Mr. McCoy. 588 00:26:10,135 --> 00:26:12,741 How did the dispute get started in the first place? 589 00:26:13,939 --> 00:26:16,385 This other guy was trying to sell me some coke. 590 00:26:16,442 --> 00:26:19,685 I tell him to take a walk, and then we started yelling at each other. 591 00:26:19,878 --> 00:26:20,982 What did this man look like? 592 00:26:21,046 --> 00:26:24,892 Like me. Same height, same weight, blonde hair. 593 00:26:25,651 --> 00:26:26,891 After the bouncer took me outside, 594 00:26:26,952 --> 00:26:28,226 I said, "Hey, how come you're not throwing out" 595 00:26:28,287 --> 00:26:29,925 "that drug dealer I had a fight with?" 596 00:26:30,289 --> 00:26:31,359 What did he say? 597 00:26:31,690 --> 00:26:34,068 He said, "Don't worry." He'd take care of him, too. 598 00:26:34,893 --> 00:26:36,304 There's Partell's motive. 599 00:26:40,866 --> 00:26:42,368 Before we take this any further, 600 00:26:42,434 --> 00:26:44,471 we'll need you to take a polygraph. 601 00:26:45,137 --> 00:26:47,583 I'll take 10 polygraphs if I have to. 602 00:26:52,377 --> 00:26:57,224 I'm sorry, the fact that Mr. Shaeffer passed your polygraph exam 603 00:26:57,282 --> 00:26:58,590 is not very compelling. 604 00:26:58,650 --> 00:27:01,096 Especially since he had two years to practice up. 605 00:27:01,587 --> 00:27:05,797 Three witnesses dispute the version of events put forward at the trial. 606 00:27:05,858 --> 00:27:07,633 Now, that may be true, 607 00:27:07,693 --> 00:27:09,570 but Mr. Einstadt tried this case. 608 00:27:09,628 --> 00:27:12,438 He assures me that the credibility of these people is suspect. 609 00:27:12,664 --> 00:27:13,870 Have you seen Partell's record? 610 00:27:13,932 --> 00:27:14,933 Mmm-hmm. 611 00:27:15,000 --> 00:27:16,070 I'm still not convinced. 612 00:27:16,135 --> 00:27:18,376 Are you gonna ignore the exculpatory evidence? 613 00:27:18,437 --> 00:27:20,576 There's not nearly enough to outweigh the verdict. 614 00:27:20,639 --> 00:27:23,142 Both men fit the same general description. 615 00:27:23,742 --> 00:27:26,313 Will you at least interview the witnesses? 616 00:27:26,378 --> 00:27:28,483 We're not gonna undermine a legitimate conviction 617 00:27:28,547 --> 00:27:30,220 because a few doubts have surfaced. 618 00:27:30,282 --> 00:27:33,525 How many people does Mr. Partell have to kill before you'll look into it? 619 00:27:34,286 --> 00:27:35,959 You don't have to get sarcastic, Mr. McCoy. 620 00:27:36,154 --> 00:27:37,690 I'm asking you to investigate 621 00:27:37,756 --> 00:27:39,895 the possibility that a mistake was made. 622 00:27:40,525 --> 00:27:42,095 The jury has spoken. 623 00:27:42,160 --> 00:27:43,503 The system needs finality. 624 00:27:43,929 --> 00:27:45,931 The system needs credibility. 625 00:27:45,998 --> 00:27:48,774 I'm sorry, Mr. Robertson, I don't understand your position. 626 00:27:49,234 --> 00:27:51,840 The fancy credentials you have on your wall downtown 627 00:27:51,904 --> 00:27:54,407 don't give you the right to come up here and question my judgment. 628 00:27:57,242 --> 00:27:59,654 If you won't do something, Mr. Robertson, we will. 629 00:28:00,679 --> 00:28:02,556 We'll be indicting Francis Partell 630 00:28:02,614 --> 00:28:05,220 for committing a murder in your jurisdiction. 631 00:28:10,756 --> 00:28:12,497 "Indictment number 4520," 632 00:28:12,557 --> 00:28:14,434 "People v. Francis Partell." 633 00:28:14,493 --> 00:28:16,666 "Charge is Murder in the Second Degree." 634 00:28:16,728 --> 00:28:18,264 How does he plead, Mr. Hauser? 635 00:28:18,330 --> 00:28:20,105 This doesn't even merit a plea, Your Honor. 636 00:28:20,199 --> 00:28:21,940 I'll take that as a not guilty. 637 00:28:22,034 --> 00:28:24,708 The murder my client is charged with occurred in the Bronx. 638 00:28:24,770 --> 00:28:27,717 The murder occurred 488 yards from the Bronx River, 639 00:28:27,773 --> 00:28:29,946 and according to CPL 2040-4C, 640 00:28:30,008 --> 00:28:31,248 both counties have jurisdiction. 641 00:28:31,310 --> 00:28:33,517 But someone's already been convicted and sentenced 642 00:28:33,578 --> 00:28:34,750 for this crime in the Bronx. 643 00:28:35,013 --> 00:28:36,549 What's going on, Ms. Carmichael? 644 00:28:36,615 --> 00:28:39,494 The People have exculpatory evidence as to the Bronx defendant 645 00:28:39,551 --> 00:28:41,394 which strongly incriminates Mr. Partell. 646 00:28:42,054 --> 00:28:43,761 JUDGE: So, let me get this straight. 647 00:28:43,822 --> 00:28:45,893 The State of New York has two men in jail 648 00:28:45,957 --> 00:28:47,834 for a crime that only one of them committed? 649 00:28:48,226 --> 00:28:49,899 It's straight out of Kafka, Judge. 650 00:28:51,229 --> 00:28:55,302 Doesn't res judicata bar you from proceeding against a second defendant? 651 00:28:55,367 --> 00:28:57,973 Well, Your Honor, Mr. Partell wasn't a party to the Bronx case, 652 00:28:58,036 --> 00:29:00,141 so he can't use it to shield himself from prosecution. 653 00:29:00,205 --> 00:29:01,878 It's the same with double jeopardy. 654 00:29:01,940 --> 00:29:04,614 It's a vendetta. They can't pin a Manhattan murder on him, 655 00:29:04,676 --> 00:29:06,019 and this is the best they've got. 656 00:29:07,145 --> 00:29:09,216 Here's what I'm going to do. 657 00:29:09,281 --> 00:29:13,661 I'm reserving my ruling on bail until after an evidentiary hearing, 658 00:29:13,719 --> 00:29:17,690 but if your case looks shaky, Ms. Carmichael, I'm going to dismiss it. 659 00:29:21,159 --> 00:29:24,265 The Bronx D.A. just called me. He's furious with you two. 660 00:29:25,631 --> 00:29:27,611 Well, he might want to direct his anger 661 00:29:27,666 --> 00:29:30,579 at the cops up there who screwed up the initial investigation. 662 00:29:31,103 --> 00:29:32,377 Is there misconduct involved? 663 00:29:32,437 --> 00:29:34,610 Nothing willful. Inertia, maybe. 664 00:29:34,673 --> 00:29:36,277 Water running to the lowest level. 665 00:29:36,708 --> 00:29:39,154 Well, why are they so reluctant to address this? 666 00:29:39,244 --> 00:29:40,985 Beats the hell out of me. 667 00:29:41,046 --> 00:29:43,458 You know, you can't do this job and second-guess yourself. 668 00:29:43,515 --> 00:29:44,755 You'd never got any sleep. 669 00:29:45,150 --> 00:29:46,527 When I make a mistake, I lose sleep. 670 00:29:46,585 --> 00:29:48,030 What lets Robertson off the hook? 671 00:29:48,086 --> 00:29:51,533 I'm sure it's not easy living in Manhattan's shadow all the time. 672 00:29:52,190 --> 00:29:56,070 He's probably not very happy that it's us dropping this on his doorstep. 673 00:29:56,261 --> 00:29:58,070 I have to work with this man, you know. 674 00:29:58,130 --> 00:30:01,339 JACK: He's not working with us, Nora. He forced our hand. 675 00:30:01,500 --> 00:30:04,572 Partell's a drug dealer who kills people for nickels and dimes. 676 00:30:05,504 --> 00:30:07,381 We're convinced he got away with murder. 677 00:30:07,439 --> 00:30:10,886 I'll breathe a little easier when you convince Judge Taylor. 678 00:30:15,180 --> 00:30:16,318 VERONA: After we left the club, 679 00:30:16,381 --> 00:30:19,021 my friends and I were walking to our car. 680 00:30:19,317 --> 00:30:23,732 Then we heard shots. We saw the bouncer from the club on the sidewalk, 681 00:30:23,789 --> 00:30:25,996 and a man with a gun running across the street. 682 00:30:27,526 --> 00:30:29,506 Was the man with the gun 683 00:30:29,561 --> 00:30:31,768 the same man you testified you saw 684 00:30:31,830 --> 00:30:33,969 being thrown out of the club earlier that night? 685 00:30:34,633 --> 00:30:36,169 No, he was not. 686 00:30:36,568 --> 00:30:37,774 Thank you. 687 00:30:40,305 --> 00:30:43,479 Isn't it a fact that the two friends you were with 688 00:30:43,542 --> 00:30:44,919 identified someone else as the shooter? 689 00:30:45,844 --> 00:30:48,154 Yes, but I think they were wrong. 690 00:30:48,914 --> 00:30:51,155 How much did you have to drink that night, Mr. Verona? 691 00:30:52,651 --> 00:30:54,858 Well, I don't remember exactly. 692 00:30:55,787 --> 00:30:57,232 But you were intoxicated? 693 00:30:58,290 --> 00:31:00,793 Somewhat intoxicated, yeah. 694 00:31:00,859 --> 00:31:03,499 Can you say with absolute certainty 695 00:31:03,562 --> 00:31:05,371 that my client shot Mr. Jackson? 696 00:31:09,134 --> 00:31:10,636 No, I can't. 697 00:31:15,373 --> 00:31:18,081 I was outside the club smoking a cigarette. 698 00:31:18,977 --> 00:31:21,958 I saw Taz come up to Vincent and start shooting. 699 00:31:22,881 --> 00:31:24,360 What else did you observe? 700 00:31:26,418 --> 00:31:29,262 After he shot him twice, 701 00:31:29,321 --> 00:31:30,925 he, uh, kept trying to shoot more, 702 00:31:30,989 --> 00:31:33,265 but it looked like he ran out of bullets or something. 703 00:31:33,325 --> 00:31:36,363 So, he started kicking Vincent on the ground. 704 00:31:36,561 --> 00:31:37,904 What happened next? 705 00:31:39,731 --> 00:31:42,211 After he kicked him a few times, 706 00:31:42,267 --> 00:31:44,440 he ran down the street and got into an SUV. 707 00:31:47,105 --> 00:31:49,312 Were you in the club when the police responded 708 00:31:49,374 --> 00:31:50,978 after the shooting, Ms. Pistone? 709 00:31:51,476 --> 00:31:52,477 Yes. 710 00:31:53,578 --> 00:31:56,422 Did you tell them that the man you knew as Taz 711 00:31:56,481 --> 00:31:57,858 was the one who shot the bouncer? 712 00:31:58,416 --> 00:31:59,986 I didn't want to get involved. 713 00:32:00,085 --> 00:32:03,328 And for the next four days, you didn't contact the police? 714 00:32:04,389 --> 00:32:06,926 I was kind of scared at first because he's a drug dealer. 715 00:32:07,525 --> 00:32:11,098 But I... I felt guilty about it, so I called Crime Stoppers. 716 00:32:11,296 --> 00:32:14,436 Let's see, you didn't go to the local precinct. 717 00:32:14,799 --> 00:32:16,005 You didn't leave your name 718 00:32:16,067 --> 00:32:17,478 so the police could use you as a witness, 719 00:32:17,536 --> 00:32:20,244 but you did call to collect the reward that was offered? 720 00:32:20,572 --> 00:32:22,108 That's not why. 721 00:32:23,842 --> 00:32:25,014 Nothing further. 722 00:32:28,380 --> 00:32:29,825 JACK: Why did it take you two years 723 00:32:29,881 --> 00:32:32,885 to come forward with this information, Mr. Quintana? 724 00:32:33,752 --> 00:32:37,097 Taz used to be a friend of mine. I didn't want to jam him up. 725 00:32:37,355 --> 00:32:38,561 Did that change? 726 00:32:39,224 --> 00:32:42,034 We had a little disagreement about some drugs we bought. 727 00:32:42,460 --> 00:32:44,030 Is that why you're accusing him now? 728 00:32:44,729 --> 00:32:47,608 I'm accusing him because it's true. 729 00:32:52,537 --> 00:32:55,347 You have a felony conviction for selling drugs, Mr. Quintana? 730 00:32:55,540 --> 00:32:56,644 Yeah. 731 00:32:57,042 --> 00:32:58,578 And I'm sure you've made hundreds of sales 732 00:32:58,643 --> 00:33:00,316 for which you weren't arrested? 733 00:33:00,712 --> 00:33:02,521 I got a regular job now. 734 00:33:03,481 --> 00:33:05,154 At the time you allegedly saw this happen, 735 00:33:05,216 --> 00:33:06,490 you had just smoked marijuana? 736 00:33:06,551 --> 00:33:07,586 Yeah. 737 00:33:07,652 --> 00:33:09,256 And I'm sure you had a few drinks on top of that? 738 00:33:09,321 --> 00:33:10,322 Right. 739 00:33:10,422 --> 00:33:12,333 Was there a DJ at Grand Slam 740 00:33:12,390 --> 00:33:14,392 the night you say you were there with my client? 741 00:33:14,459 --> 00:33:15,733 It was bands that night. 742 00:33:15,794 --> 00:33:16,932 Which ones? 743 00:33:16,995 --> 00:33:18,167 I don't remember. 744 00:33:18,363 --> 00:33:20,536 Can you remember any of the songs they played? 745 00:33:20,966 --> 00:33:22,570 How am I supposed to remember that, huh? 746 00:33:22,634 --> 00:33:23,874 I go out dancing almost every weekend. 747 00:33:25,170 --> 00:33:27,480 Maybe you were just too high to remember. 748 00:33:30,475 --> 00:33:33,251 This is nothing more than payback for you, isn't it? 749 00:33:34,379 --> 00:33:36,359 If I wanted to snitch on Taz, 750 00:33:36,414 --> 00:33:38,860 I would've done it on my own, a long time ago. 751 00:33:39,451 --> 00:33:42,660 The cops came to me. I just told them what I saw. 752 00:33:49,761 --> 00:33:53,903 It's certainly not the most compelling case I've ever heard, 753 00:33:53,965 --> 00:33:55,945 but I find the evidence adduced at this hearing 754 00:33:56,001 --> 00:33:59,107 to be sufficient as a matter of law to sustain the indictment. 755 00:34:00,272 --> 00:34:02,013 Mr. Partell is remanded. (BANGS GAVEL) 756 00:34:02,073 --> 00:34:04,883 You're going to lock up a second man for this one crime, Judge? 757 00:34:05,443 --> 00:34:08,014 Do you have any precedent that says I can't, Mr. Hauser? 758 00:34:09,948 --> 00:34:11,427 That's what I thought. 759 00:34:11,850 --> 00:34:14,694 And let me tell you something, Mr. McCoy, 760 00:34:14,753 --> 00:34:17,233 I want your boss and the Bronx D.A. 761 00:34:17,288 --> 00:34:19,962 in my chambers tomorrow at 9:30 sharp. 762 00:34:25,163 --> 00:34:29,236 You know, Jack, I found your case to be legally sufficient, 763 00:34:29,301 --> 00:34:32,305 but if you think those witnesses are going to convince a jury, 764 00:34:32,370 --> 00:34:34,372 (CHUCKLES) you've been doing this for too long. 765 00:34:34,773 --> 00:34:37,447 Whether they do or not, we have an obligation to prosecute the case. 766 00:34:37,575 --> 00:34:40,385 You also have an obligation not to make a mockery 767 00:34:40,445 --> 00:34:41,947 of the criminal justice system. 768 00:34:42,213 --> 00:34:44,784 In my opinion, there's only one party here who's doing that. 769 00:34:44,849 --> 00:34:47,420 Mr. Robertson refused to look at the polygraph results, 770 00:34:47,485 --> 00:34:49,362 or re-interview the witnesses. 771 00:34:49,421 --> 00:34:51,230 Where do you get off telling me how to run my office? 772 00:34:52,023 --> 00:34:53,866 I didn't come up here to he lectured at by an assistant. 773 00:34:54,125 --> 00:34:55,399 Then talk to me, John. 774 00:34:57,495 --> 00:34:59,634 Mr. Shaeffer received a fair trial. 775 00:34:59,998 --> 00:35:01,944 He was convicted by a jury in two hours. 776 00:35:02,000 --> 00:35:04,310 Based on incomplete evidence. 777 00:35:04,369 --> 00:35:06,440 We're not here just to amass convictions. 778 00:35:06,504 --> 00:35:09,451 With all due respect, John, she's got a point. 779 00:35:09,941 --> 00:35:12,444 What's the harm in taking one out of the win column? 780 00:35:12,644 --> 00:35:15,750 The harm is letting Ms. Lewin thumb her nose at a legitimate verdict 781 00:35:15,814 --> 00:35:17,384 rendered by the people of my county. 782 00:35:17,649 --> 00:35:21,256 So, how do we get past this territorial pissing match? 783 00:35:21,653 --> 00:35:23,758 This isn't about territory, Harrison. 784 00:35:23,922 --> 00:35:27,028 One of you is going to walk away from this with egg on your face. 785 00:35:27,092 --> 00:35:30,130 You know, right now, I could careless about my approval rating. 786 00:35:31,196 --> 00:35:33,198 Let's all keep our eye on the ball here. 787 00:35:33,265 --> 00:35:36,075 There's an innocent man who's serving a life sentence. 788 00:35:36,134 --> 00:35:38,080 ROBERTSON: You haven't produced a scintilla of proof 789 00:35:38,136 --> 00:35:41,674 that the Bronx trial was tainted by perjury, or jury misconduct, 790 00:35:41,740 --> 00:35:43,742 or any illegality that the law recognizes. 791 00:35:45,310 --> 00:35:48,291 If Ms. Lewin thinks she can convict her defendant 792 00:35:48,346 --> 00:35:50,724 in the face of a contrary verdict, 793 00:35:52,584 --> 00:35:54,029 let her go right on ahead. 794 00:36:02,060 --> 00:36:03,539 Can we get him to plead guilty? 795 00:36:03,928 --> 00:36:05,839 You can get anything for the right price. 796 00:36:06,364 --> 00:36:07,968 Make him an offer. 797 00:36:09,300 --> 00:36:11,837 We started this war between the boroughs to get the guy. 798 00:36:12,737 --> 00:36:14,011 The whole point of the exercise 799 00:36:14,072 --> 00:36:15,847 was to make him pay for murder. 800 00:36:16,074 --> 00:36:18,714 The whole point of the exercise is Tony Shaeffer. 801 00:36:18,777 --> 00:36:20,757 He's doing another man's time, Jack. 802 00:36:22,013 --> 00:36:24,357 If we get Partell to admit he killed the bouncer, 803 00:36:24,416 --> 00:36:25,952 Robertson will have to come around. 804 00:36:26,017 --> 00:36:28,759 Two murders, Nora, and we let him off easy? 805 00:36:28,820 --> 00:36:31,926 I said make a deal. I didn't say pony up the courthouse. 806 00:36:36,127 --> 00:36:38,573 We're here to offer you a deal, Mr. Partell. 807 00:36:38,663 --> 00:36:41,405 Now, why would I want to make a deal if he says I can't lose? 808 00:36:41,466 --> 00:36:43,036 Is he going to do the time for you? 809 00:36:43,101 --> 00:36:44,239 You barely won the hearing. 810 00:36:44,302 --> 00:36:46,839 Wait till I put on the witnesses who testified in the Bronx. 811 00:36:47,038 --> 00:36:50,542 I think I can convince a jury that was a miscarriage of justice. 812 00:36:51,442 --> 00:36:52,546 Please. 813 00:36:52,644 --> 00:36:55,181 These people are not unsophisticated, Mr. Hauser. 814 00:36:55,246 --> 00:36:56,589 They watch the news. 815 00:36:57,148 --> 00:37:00,186 They've seen convictions dropping like flies all over the country. 816 00:37:00,485 --> 00:37:03,557 My boss needs his guilty plea to free an innocent man. 817 00:37:03,621 --> 00:37:05,999 That puts him in a very advantageous position. 818 00:37:06,257 --> 00:37:07,361 How advantageous? 819 00:37:07,625 --> 00:37:08,865 Man one. 820 00:37:08,960 --> 00:37:10,064 Six-to-12? 821 00:37:10,562 --> 00:37:12,564 I was thinking along the lines of 10-to-20. 822 00:37:12,964 --> 00:37:14,534 You want a plea or not, Mr. McCoy? 823 00:37:14,866 --> 00:37:16,903 Personally, I'd rather he go to trial. 824 00:37:17,702 --> 00:37:19,978 That way we can max him out when he's convicted. 825 00:37:20,371 --> 00:37:21,611 Six-to-12. 826 00:37:22,640 --> 00:37:24,586 And then you throw in the Manhattan case for nothing. 827 00:37:25,243 --> 00:37:27,587 Six-to-12 concurrent for two murders? 828 00:37:27,745 --> 00:37:29,952 Look, if I cop to this, 829 00:37:30,014 --> 00:37:31,391 I don't want you coming back at me with that. 830 00:37:31,983 --> 00:37:33,860 Not a chance, Mr. Partell. 831 00:37:36,121 --> 00:37:38,931 Seven-and-a-half-to-15, or you get your wish, Mr. McCoy. 832 00:37:43,495 --> 00:37:45,668 (SIGHS) You have a deal. 833 00:37:46,631 --> 00:37:48,372 Now, tell us about Angela Jarrell. 834 00:37:51,769 --> 00:37:53,646 (STAMMERING) There's nothing to tell. 835 00:37:54,472 --> 00:37:56,884 I hired her to deal drugs for me, and she didn't do it. 836 00:37:57,942 --> 00:38:00,286 Instead she's in a bar with some guy. 837 00:38:00,678 --> 00:38:01,986 Was anybody with you? 838 00:38:03,481 --> 00:38:06,519 Just some guy that I was talking to 839 00:38:06,584 --> 00:38:08,325 while I waited for her to leave. 840 00:38:09,988 --> 00:38:13,458 I followed her out to get the money that she owed me, and, uh 841 00:38:13,525 --> 00:38:15,004 she only had about 70 bucks. 842 00:38:15,059 --> 00:38:16,561 So, you strangled her? 843 00:38:17,395 --> 00:38:21,309 Maybe I would've just scared her had she not broken my foot. 844 00:38:23,101 --> 00:38:24,944 Either way, she just wasn't working out. 845 00:38:30,608 --> 00:38:33,020 Francis Partell pled guilty this morning. 846 00:38:38,750 --> 00:38:41,924 He gave a detailed admission about the Vincent Jackson killing. 847 00:38:42,454 --> 00:38:43,558 I hope you're happy. 848 00:38:43,621 --> 00:38:46,295 I'll be very happy when you dismiss against Tony Shaeffer. 849 00:38:46,357 --> 00:38:48,633 It says here that Partell pled guilty to the other murder. 850 00:38:50,094 --> 00:38:51,266 How much time did he get? 851 00:38:51,729 --> 00:38:53,436 Seven-and-a-half-to-15. 852 00:38:53,898 --> 00:38:55,138 Concurrent? 853 00:38:55,199 --> 00:38:56,439 I'm not thrilled about it either. 854 00:38:56,501 --> 00:38:57,673 (SCOFFS) 855 00:38:58,269 --> 00:39:00,681 How can I treat this as a serious admission? 856 00:39:00,738 --> 00:39:02,615 He said what he had to say to get his seven-and-a-half. 857 00:39:03,241 --> 00:39:07,053 You're not going to continue to incarcerate an innocent man. 858 00:39:07,245 --> 00:39:09,657 I didn't convict that man. A jury did. 859 00:39:10,148 --> 00:39:12,389 And now we know they made a mistake. 860 00:39:12,717 --> 00:39:15,220 We don't know anything, we weren't there. 861 00:39:16,120 --> 00:39:20,125 As far as I'm concerned, this does nothing to impugn the jury verdict. 862 00:39:24,495 --> 00:39:25,667 (DOOR CLOSES) 863 00:39:27,799 --> 00:39:29,608 Robertson won't budge. 864 00:39:31,336 --> 00:39:34,783 So, that's the end of the line for us. 865 00:39:36,107 --> 00:39:38,178 And Tony Shaeffer stays in jail. 866 00:39:38,643 --> 00:39:42,989 He can hire an attorney petition for a writ of habeas corpus. 867 00:39:43,448 --> 00:39:45,689 With what? His mother's public assistance? 868 00:39:46,250 --> 00:39:48,491 He can file pro se, like every other prisoner. 869 00:39:50,922 --> 00:39:52,458 Or I can do his writ. 870 00:39:54,526 --> 00:39:56,335 What about the precedent it sets? 871 00:39:56,928 --> 00:39:58,202 I can file it as a private citizen 872 00:39:58,263 --> 00:39:59,640 if you think that would be more prudent. 873 00:40:00,331 --> 00:40:03,244 I think the public would be hard-pressed to see the distinction. 874 00:40:04,068 --> 00:40:07,049 I think the only distinction people see 875 00:40:07,105 --> 00:40:08,641 is between right and wrong. 876 00:40:10,908 --> 00:40:13,047 Make sure my name is on your brief. 877 00:40:18,883 --> 00:40:22,660 One man shot and killed Vincent Jackson in 1999. 878 00:40:22,954 --> 00:40:25,400 Two men have been convicted of that crime. 879 00:40:26,224 --> 00:40:29,501 This is a situation that can't be tolerated under the constitution. 880 00:40:29,561 --> 00:40:32,167 But, Mr. McCoy, how can we pick and choose 881 00:40:32,230 --> 00:40:34,904 between two legally rendered convictions? 882 00:40:35,400 --> 00:40:39,280 Only one of those defendants is asserting his claim of innocence. 883 00:40:39,337 --> 00:40:41,783 What about those 12 people up in the Bronx? 884 00:40:42,206 --> 00:40:44,709 Isn't one of the hallmarks of our jurisprudence 885 00:40:44,776 --> 00:40:46,551 the sanctity of a jury's verdict? 886 00:40:46,611 --> 00:40:49,319 Sanctity should not be confused with infallibility. 887 00:40:49,380 --> 00:40:51,621 The case books are legion with instances 888 00:40:51,682 --> 00:40:54,663 where juries reached erroneous conclusions. 889 00:40:54,886 --> 00:40:58,732 If Mr. Shaeffer were to be re-tried in the Bronx today 890 00:40:58,790 --> 00:41:01,930 with all the evidence now available for consideration, 891 00:41:01,993 --> 00:41:04,906 I submit he could not be found guilty 892 00:41:04,962 --> 00:41:08,068 beyond a reasonable doubt, as a matter of law. 893 00:41:09,534 --> 00:41:11,036 His writ should be granted. 894 00:41:14,272 --> 00:41:15,546 Good afternoon, Your Honors. 895 00:41:17,809 --> 00:41:20,847 Justice Scalia writes in Hererra v. Collins 896 00:41:20,912 --> 00:41:23,756 that there is no constitutional protection for prisoners 897 00:41:23,815 --> 00:41:26,819 whose sole claim of error is actual innocence. 898 00:41:27,852 --> 00:41:29,490 That is precisely the case here. 899 00:41:29,554 --> 00:41:32,501 The petitioner has alleged no legal error in his conviction. 900 00:41:32,890 --> 00:41:33,891 So, Mr. Robertson, 901 00:41:33,958 --> 00:41:38,168 if in fact the petitioner is innocent, what relief does he have? 902 00:41:38,496 --> 00:41:40,942 Let me say first that I don't believe that. 903 00:41:40,999 --> 00:41:43,036 But according to the Supreme Court, 904 00:41:43,101 --> 00:41:45,172 if all he's saying is the jury made a mistake, 905 00:41:45,236 --> 00:41:47,147 he can ask the governor for a pardon. 906 00:41:47,205 --> 00:41:49,446 That is his fail-safe in this kind of situation. 907 00:41:49,507 --> 00:41:52,613 So, you're saying that this court lacks the power 908 00:41:52,677 --> 00:41:54,588 to void Mr. Shaeffer's conviction? 909 00:41:55,079 --> 00:41:57,992 If this court chooses to follow Herrera v. Collins, 910 00:41:58,049 --> 00:42:00,120 which is the law in the federal courts, 911 00:42:00,184 --> 00:42:02,061 it should not entertain the petition. 912 00:42:02,520 --> 00:42:05,364 Not every problem was meant to be solved by the judiciary. 913 00:42:05,456 --> 00:42:07,197 The court should exercise restraint 914 00:42:07,258 --> 00:42:08,635 and respect the jury verdict. 915 00:42:10,895 --> 00:42:12,101 Any rebuttal, Mr. McCoy? 916 00:42:13,131 --> 00:42:15,941 Tony Shaeffer should not have to argue his cause 917 00:42:16,000 --> 00:42:18,002 to an elected official 918 00:42:18,069 --> 00:42:21,607 whose political allegiances and ambitions might color his judgment. 919 00:42:21,673 --> 00:42:24,620 That is why the founding fathers saw fit 920 00:42:24,675 --> 00:42:26,985 to establish an independent judiciary. 921 00:42:28,146 --> 00:42:31,992 And judicial restraint does not mean judicial cowardice. 922 00:42:35,186 --> 00:42:39,225 This is a copy of Mr. Shaeffer's daily schedule 923 00:42:39,290 --> 00:42:42,863 in the general population at the Clinton Correctional Facility. 924 00:42:43,594 --> 00:42:48,703 "6:00 a.m., mandatory wake up, 6:30, inmate count," 925 00:42:48,800 --> 00:42:51,542 "6:45, mandatory meal," 926 00:42:51,602 --> 00:42:55,345 "7:15, mandatory vocational training," 927 00:42:55,406 --> 00:42:59,786 "11:00, inmate count, 11:15, mandatory meal..." 928 00:42:59,844 --> 00:43:01,517 What's your point, Mr. McCoy? 929 00:43:02,914 --> 00:43:06,191 He's had this same day now for the last two years. 930 00:43:08,719 --> 00:43:11,825 Guilty of nothing more than stupidity. 931 00:43:12,690 --> 00:43:16,297 He'll have this same day for the next five years... 932 00:43:25,470 --> 00:43:26,505 Ten years. 933 00:43:28,673 --> 00:43:34,282 This same day for the next 23 years at least, 934 00:43:34,345 --> 00:43:36,848 unless this court has the courage to admit 935 00:43:36,914 --> 00:43:38,621 the system failed. 936 00:43:47,625 --> 00:43:51,664 It is the opinion of this court, with one dissent, 937 00:43:51,729 --> 00:43:56,200 that a writ of habeas corpus for Anthony Shaeffer is hereby granted. 938 00:43:56,434 --> 00:43:57,504 (GAS PS) 939 00:43:57,568 --> 00:44:00,447 He is hereby released from custody, 940 00:44:00,538 --> 00:44:03,951 and his conviction for murder in the second degree 941 00:44:04,008 --> 00:44:07,319 is dismissed in the interest of justice. 942 00:44:07,445 --> 00:44:08,685 (CRYING) 943 00:44:10,915 --> 00:44:13,759 I heard it was all smiles in the Shaeffer family. 944 00:44:13,885 --> 00:44:17,094 I have to admit it was nice to get somebody out of jail for a change. 945 00:44:17,188 --> 00:44:19,190 Well, I hope that's out of your system. 946 00:44:19,257 --> 00:44:21,430 Well, I hope I don't catch a case near the Bronx. 947 00:44:25,096 --> 00:44:27,667 That's, uh, Angela Jarrell's father. 948 00:44:28,166 --> 00:44:31,306 He heard an arrest had been made, and drove in from Minnesota. 949 00:44:31,356 --> 00:44:35,906 Repair and Synchronization by Easy Subtitles Synchronizer 1.0.0.0 76065

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